(a) (1)
(A) An aggrieved person
may commence a civil action in an appropriate United States district
court or State court not later than 2 years after the occurrence or
the termination of an alleged discriminatory housing practice, or
the breach of a conciliation agreement entered into under this title,
whichever occurs last, to obtain appropriate relief with respect to
such discriminatory housing practice or breach.
(B) The computation of such 2-year period
shall not include any time during which an administrative proceeding
under this title was pending with respect to a complaint or charge
under this title based upon such discriminatory housing practice.
This subparagraph does not apply to actions arising from a breach
of a conciliation agreement.
6-1465.1
(2) An aggrieved person may commence a
civil action under this subsection whether or not a complaint has
been filed under section 810(a) and without regard to the status of
any such complaint, but if the Secretary or a State or local agency
has obtained a conciliation agreement with the consent of an aggrieved
person, no action may be filed under this subsection by such aggrieved
person with respect to the alleged discriminatory housing practice
which forms the basis for such complaint except for the purpose of
enforcing the terms of such an agreement.
(3) An aggrieved person may not commence
a civil action under this subsection with respect to an alleged discriminatory
housing practice which forms the basis of a charge issued by the Secretary
if an administrative law judge has commenced a hearing on the record
under this title with respect to such charge.
6-1465.2
(b) Upon application by a person alleging a discriminatory housing
practice or a person against whom such a practice is alleged, the
court may—
(1) appoint an attorney
for such person; or
(2) authorize the commencement or continuation of a civil action
under subsection (a) without the payment of fees, costs, or security,
if in the opinion of the court such person is financially unable to
bear the costs of such action.
6-1465.3
(c) (1) In a civil action under subsection
(a), if the court finds that a discriminatory housing practice has
occurred or is about to occur, the court may award to the plaintiff
actual and punitive damages, and subject to subsection (d), may grant
as relief, as the court deems appropriate, any permanent or temporary
injunction, temporary restraining order, or other order (including
an order enjoining the defendant from engaging in such practice
or ordering such affirmative action as may be appropriate).
(2) In a civil action under
subsection (a), the court, in its discretion, may allow the prevailing
party, other than the United States, a reasonable attorney’s fee and
costs. The United States shall be liable for such fees and costs to
the same extent as a private person.
6-1465.4
(d) Relief granted under this section shall not affect any contract,
sale, encumbrance, or lease consummated before the granting of such
relief and involving a bona fide purchaser, encumbrancer, or tenant,
without actual notice of the filing of a complaint with the Secretary
or civil action under this title.
6-1465.5
(e) Upon timely application, the Attorney General may intervene in
such civil action, if the Attorney General certifies that the case
is of general public importance. Upon such intervention the Attorney
General may obtain such relief as would be available to the Attorney
General under section 814(e) in a civil action to which such section
applies.
[42 USC 3613. As amended by act of Sept. 13, 1988 (102 Stat. 1633).]
